Court : Karnataka
Decided on : Feb-13-2006
Reported in : 2006(2)KarLJ439
ORDERN.K Patil, J.1. Though all these petitions had come up for consideration on interim applications, with the consent of learned Counsels appearing for the parties, the same are taken up for final hearing and are disposed of as follows.2. Petitioners herein are all students of first year diploma in General Nursing who have taken admission in the respective Nursing Schools and are prosecuting their studies.Petitioners in W.P. No. 19694 of 2005 and W.P. No, 19779 of 2005 have sought for quashing the impugned communications dated 5th July, 2005 and 2nd August, 2005 respectively issued by the Karnataka State Diploma in Nursing Examination Board. Further they have sought for a declaration to declare that, Rule 3(l)(b) of the Karnataka Selection of Candidates for Admission to Diploma Course in General Nursing, Midwiferly/Psychiatry in Nursing Rules, 2003 is arbitrary, and discriminatory and violative of Article 14 of the Constitution of India; and to declare that, petitioners are eligible ...
Tag this Judgment!Court : Karnataka
Decided on : Feb-16-2006
Reported in : ILR2006KAR1244; 2006(2)KarLJ166
..... on bail in several cases and in one case he is in judicial custody. while he is in judicial custody the detention order is passed under section 3(1) of the goonda act. he has been served with the detention order and all the documents on the basis of which order was passed, are supplied to him. he ..... in various police stations in the city of bangalore as well as mysore. he is accused of offences under sections 376 and 379 of the indian penal code, 1860 and for offence under suppression of immoral traffic in women and girls act, 1956. in other words, he is accused of trafficking in young girls, rape and other heinous crimes ..... jail, bangalore, in pursuance of an order of detention passed by the second respondent under section 3(1) of the karnataka prevention of dangerous activities of bootleggers, drug-offenders, gamblers, goondas, immoral traffic offenders and slum-grabbers act, 1985 (hereinafter referred to as 'goonda act') as per annexure-a. annexure-b to the writ petition is the grounds of .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-16-2006
Reported in : 2006CriLJ1825; II(2006)DMC139; ILR2006KAR1256; 2006(2)KarLJ173
..... function as station house officers in the police stations in the absence of the p.s.is;(iv) the fsl be provided with a separate library section headed by a qualified librarian and such a library section be provided with adequate library books both in english as well as kannada language, dealing with the different subjects on fingerprint and handwriting and other ..... by strangulation.4. it is not in dispute before us that the deceased died a homicidal death by strangulation. if that be so, we have got no doubt that the act of strangulation might have resulted in some fingerprints or marks on. the neck of the deceased. as we see, the i.o. had a fair opportunity of getting the fingerprint .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-17-2006
Reported in : ILR2006KAR1733
..... are of the considered opinion that the appellant/petitioner should be non-suited only on the basis of provisions of sub-section (2) of section 9 of the taxation act, sub-section (1} of section 9 of the taxation act does not relieve the ' owner from payment of motor vehicle tax when such owner ceased to be in possession or control of the ..... of transfer or any person who comas in possession or to have control of such vehicle. this position is made clear by unambiguous provisions of sub-section (2) of section 9 of the taxation act. the learned counsel -submitted that in view of the fact that the petitioner has ceased to be the owner of the vehicles from 09/05/2004 ..... is held that even after the vehicle is repossessed by the financier, registered owner continues to be liable to pay tax in view of the provisions of section 9 of the taxation act.6. i have considered the contentions of the learned counsel appearing for the parties.7. it is clear from the averment made in the petition itself that .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-17-2006
Reported in : ILR2006KAR1345; 2006(2)KarLJ545
ORDERN.K. Patil, J. 1. The instant two writ petitions are filed by common petitioner, Sri P. Manjunath. Writ Petition No. 203/2006 is filed by him, questioning the legality and validity of the Government order dated 6th November 1997 bearing No. ED/858/TPE/97, Bangalore, only so far as petitioner herein is concerned vide Annexure H. Further in the said writ petition, he has sought to declare that, the Government Order dated 6th November 1997 cannot be made applicable to the petitioner's case and for a direction, directing the respondents 1 and 2 to issue the III year Diploma course Marks card to the petitioner.In Writ Petition No. 19542/2005, the same petitioner has assailed the correctness of the communication dated 18th August 2004 issued by first respondent to second respondent at Annexure D and also the communication dated 2nd August 2005 issued by second respondent vide Annexure G to petitioner and to declare that, the petitioner has withdrawn only one subject, i.e., item No. 4, i...
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2006
Reported in : 2006(6)KarLJ324
..... . therefore, the lands were granted in favour of the petitioners. accordingly, respondent 2-deputy commissioner issued a notification dated 11-9-1973 under section 71 of the karnataka land revenue act, 1964 releasing 677 acres 27 guntas of waste lands which are fit for cultivation and available for disposal in the villages of alur taluk which ..... land was under the physical control of the forest department, in the absence of an order by the state government under section 3 of the karnataka forest act, 1963 and notification under section 4 of the act, the legal position is that the land continues to be under the control of the revenue department governed by the kamataka ..... land revenue act.as long as the land is under the legal control of the revenue department, the mines department is competent .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-2006
Reported in : 2006(2)KarLJ370
ORDERD.V. Shylendra Kumar, J.1. Petitioners are aggrieved by the action of the respondents, particularly, the Chief Executive Officers of the respective Zilla Panchayats, in inviting applications from eligible persons for filling up posts of Secretary, Grade II of respective Gram Panchayats, as the posts available against the backlog vacancies.2. Petitioners are working as bill collectors and clerks and their promotional avenue takes them to this post, if they are selected. However, in terms of the a Government notification/guideline issued in the year 1998, filling up of such posts was sought to be regulated by 70% by way of direct recruitment and 30% of post are earmarked for in service candidates by way of promotion.3. It appears that in the meanwhile, the Karnataka State Civil Services (Unfilled vacancies reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes) (Special Recruitment) Rules, 2001 (for short, 'the Rules'), a copy of which is produced at Ann...
Tag this Judgment!Court : Karnataka
Decided on : Feb-24-2006
Reported in : ILR2006KAR3894
..... four per cent as per the aforesaid entry to the third schedule. however, with a view to seek an advance ruling from the authority filed an application under section 60 of the kvat act, seeking an advance ruling on the applicability of rate of tax on the sale of stainless steel lpg stove, kerosene wick stove, aluminum non-stick cook-ware, ..... to be not utensils. therefore, it has ruled that the applicability of rate of tax in respect of all those three items is 12.5 per cent under section 4(1)(b) of the act. aggrieved by the said order the appellant is before this court challenging the same.6. sri k. aravind kamath, learned counsel appearing for the appellant, contended ..... deals with goods which are taxable at 20 per cent. all the unscheduled goods are taxed at the revenue neutral rate of 12.5 per cent under section 4(1)(b) of the kvat act.3. in fact, in the third schedule prior to its substitution entry no. 4 dealt with aluminum utensils and enameled utensils. however, in the substituted .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-24-2006
Reported in : II(2006)DMC844; ILR2006KAR3097
..... earlier/ two contentions are raised. one is with regard to jurisdiction of the courts at udupi and the second contention is with regard to the applicability of section 10(x) of the act to the given case on hand.7. in so far as question no. 1 is concerned, .one has to see the definition of a district judge ..... the respondent supports. the order of the learned judge. 5. after hearing, we have carefully perused the material placed on record. . an application under section 10(1)(x) of divorce act, 1869 as amended by act of 51/2001 was filed before the civil judge, sr. division, udupi in m.c. no. 24/2002. the respondent-wife alleged in the ..... of this case, we have no hesitation in accepting the argument of the respondent that udupi court has jurisdiction 'in the matter.9. section 10(1)(x) was introduced in terms of the amendment act. the said section reads as under:10. grounds for dissolution of marriage: (1) any marriage solemnized, whether before or after the commencement of the indian .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-27-2006
Reported in : ILR2006KAR1748; 2006(2)KarLJ654
ORDERD.V. Shylendra Kumar, J.1. Petitioner was a daily wage worker in the services of the 1st respondent-Zilla Panchayat from 21-6-1979. Petitioner's services were regularized as a daily wage worker with effect from 1-1-1990 and the petitioner started working as a permanent employee from this date onwards by creating supernumerary post in terms of a Government Order No. DPAR 2 SLC 90, dated 6-8-1990.2. While the petitioner was working in such a position as a junior work inspector his services were placed at the disposal of the Zilla Panchayat, Chickmagalur, against an existing vacancy of Second Division Clerk a post which was available at Zilla Panchayat, Chickmagalur, and making the petitioner's appointment permanent with effect from 1-1-1998. These are all undisputed facts.3. Petitioner retired on attaining superannuation with effect from 31-3-2005.4. While the petitioner claimed for pensionary benefits on the premise that his services were regularised with effect from 1-1-1990 upto ...
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